The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-04-24
ESTATES UPON CONDITION.
The Subject of Judge Suthefland's
Lecture Yesterday.

In general, an estate ~ Tue property q
person possesses. An estate of any
kind may be subject to conditions; that
is, its duration, the manner CT using it,
etc., may depend upon conditions that
are inserted in the grant. Such estates
are divided into two classes: First,
those subject to conditions implied, and
second, those subject to conditions ex-
pressed in the grant.
Estates upon implied conditions are
subject by law to these conditions with
out having them. expressed IN the
grant. These are tacitly under
stood TO belong to every tenancy, even
without the written assent or the
parties concerned. Briefly, they
are as follows: The tenant ca:
90 10 act that will in any way affect
the reVersi0n, /. e., he can do nothing
to prevent the returning OF the estate
to the grantor or ais heirs. Should
anything of this kind be attempted by
the grantee, the grantOr can re enter,
and put an ond 10 the estate OF the
grantee. Should the tenant Cor
| grantee) attempt to secure Z greater IN
| terest i'll the estate than that specified
! be forfeited If the tenant fails TO pay
rent, or to perform services, or to fulfill
any conditions OF the grant, then the
grantor can obtain a reversion OF the
estate
Tenants for life, or for any shorter
period, have not the right to commit
any act that will cause the estate to
waste. At first oaly the grantor could
enter (that is, take possession OF the
land) for conditions broken; but by
statute of Henry VIII it was enacted
that this could be done also by the
grantee. and that the grantor could en-
ter tor conditions broken by the as
signor of the grantee.
The reversion is that part Of the
estate which remains after the termin
alton OF the grant; and the grantee of
reversion must be the grantee OF the
entire reyersiou, since the foregoing
implied conditions Of grant pertains
to land. with all that the term land i'm
plies in law.
Estates upon expressed conditions
ale those in which special conditions
have been expressly inserted in the
grant. Thus, a condition that the
grantee shall or shall not. marry GER
tain person, in order to enjoy 1.-The
estate conveyed by the grant, is
collateral one, aud is not affected by the
implied conditions. These are called
conditions by deed, and their object is
to defeat the estate granted IN case
of a breach OF the conditions.
They are Of a great variety, end may
consist in toe dong or the forbearance
from doing OF any act relating to the
property, such as the payment of rent
nov Of vrnrt- Tt Is nsuoi
to reserve in the grant clause that the
grantor may enter at any time If The
conditions be broken.
Conditions are precedent and subse-
quent. A precedent condition is OF e
to be fulfilled before the estate vests,
that is before the tenant comes into
the temporary possession of it. Ii A is
to pay a certain sum before he enters
the estate of B, this is a precedent con-
dition, though to be fulfilled after the
agreement is made. These pre-
cedent conditions must be strictly
and literally fulfilled. A can
plead no disabilities, as insanity,
infancy, or other inability. The act
specified must have been performed be
fore it can enter the estate; and no
court can vest an estate or right upon
precedent CONDITION, unless it has been
fulfilled.
In lew, tie conditions are usually
subsequ ent, and require fulfillment
after the estate vests. OF this kind is
rent, which he tenant is obliged to pay
as couGi ion subsequent TO his occu-
pancy. and the estate is defeasible (may
be rendered void) as long as the condi-
ton, or any part of 1t, remains untul-
flied, or till it is released or in some
way barred.
There are limitations to these acts OF
condition. They must be consistent
with the fulI enjoyment of estate, or
they are void. II the grant is one in
| fee simple, and there is condition that
the grantee may not sell the estate, or
may not remove from or 60 to it; or
that he shall not commit any waste CT
it by change Of nusbandry, etc., then
the condition is void. since it prevents
! the full enjoyment OF an estate in fee
| simple. The tenant for life must oc
cupy the land in the usual or customary
manner but the owner of an estate in
fee simple can occupy his land as he sees
| fit.
Words of Limitation in grant estate
| where the estate shall end or define its
duration in point of time, and indicate
some mode Of putting an end to that
estate during the time of its continu-
auce. The first kind of limitation
marks the utmost limit of the estate
in time, the second provides for acct
dental occurrences, so that the estate
may revest in the original owner With
out loss to him. Unlimited duration OF
an estate granted is obtained by insert
| ing the words heirs in connection with
that of the grantee.
In order to defeat an estate and Sc
cure reyersion, it is necessary that the
grantor makes an entry of the same,
thus putting the fact on public record.
For the delivery to the grantee is a
public act-origlnally performed in the
presence of all the neighborhood, after
wards by a record in courl-snd the
act of devestment must be equally pub
lie and notorious.
Subsequent conditions are not favored
in law. and are usually construed as
| fsvorably as possible to the grantee
The courts make humane distinctions
in his favor in order TO prevent hard
ships that would arise from a strict in
depreciation Of the terms. Some con-
ditions are never fulfilled Thus. if the
condition becomes an impossible one,
the grantee is, OF course relieved OF it :;
or if by IL Cd, earthquake, or lightning,
the condition. becomes an impossible
one, it nee not be performed: or if